Dive Brief:
- After reaching a right-to-repair settlement with farmers on a separate case last month, Deere & Co. is facing a new class-action lawsuit that alleges it also unfairly restricted repairs for its lawn, turf and construction equipment.
- The case was brought by Christy Webber & Co., a landscaping operation in Chicago that services city landmarks like Soldier Field, Millennium Park and Navy Pier. The plaintiff alleged that Deere’s business practices have inflated repair costs and increased wait times since May 2022.
- The lawsuit, filed Thursday in the Northern District Court of Illinois, Eastern Division, mirrors other right-to-repair litigation against Deere. An Illinois federal judge in the Western Division preliminarily approved a $99 million settlement between the company and a group of farmers and repair shop owners this week.
Dive Insight:
As products like cell phones, computers and cars, become more technologically advanced, more product owners are looking to gain full access to software and tools that allow them to diagnose issues and make repairs themselves.
Deere has faced legal scrutiny for its repair tool restrictions that require farmers to use its dealer network for tractor repairs, allegedly resulting in higher costs and equipment delays that affect planting and harvesting schedules. Christy Webber argued in a recent lawsuit that equipment owners are running into similar issues with Deere’s lawnmowers, bulldozers and other construction and forestry equipment.
“When Deere withholds the fully functional repair tools needed to diagnose, calibrate, reprogram, clear codes, pair parts, and return them to service, Deere C&F equipment owners face the same lock-in, delays, overcharges, and loss of repair choice that has drawn judicial, regulatory and public ire in the agriculture segment,” the 77-page complaint says.
Deere has repeatedly denied these allegations and taken steps to make its electronic repair tools more available to the public. In July, the company launched Operations Center Pro Service, which offers a suite of self-repair tools for agriculture, turf, construction and forestry equipment. It is designed to replace the tools under legal scrutiny and is available for an annual fee of $195 per machine for customers.
However, Christy Webber argued that Deere has not made a true equivalent of the “fully functional tool” to construction and forestry equipment owners to date. According to the complaint, the lawn care service was forced to spend “hundreds of thousands of dollars” over the contested period on inflated costs for repairs and parts from a Deere dealer.
“This new lawsuit is yet another reminder that companies that restrict repair can face consequences — and that the Right to Repair movement will keep moving forward until we can fix all of our products, from personal devices to construction equipment and everything in between,” Nathan Proctor, senior director of the Public Interest Research Group’s Right to Repair campaign, said in a statement.
Deere is still facing a challenge brought by the Federal Trade Commission and is awaiting final approval of its proposed settlement with farmers and agriculture repair shop owners. A final judgment on the latter case is expected following a fairness hearing scheduled Oct. 29.
